You may recall that just before the snowstorm hit the east coast, the City seized OWS' generators. Turns out, the lawless law had no right to do so:
Yetta Kurland, a lawyer representing the protesters, said the generators did not violate any FDNY code.
Lawyers for the protesters sent the FDNY a letter on Oct. 29 demanding the return of their equipment. Last week the fire department gave in. "I believe they gave the generators back because they had no basis to confiscate them," Kurland said. "When there’s a fire inspection, the normal procedure is for the FDNY to give corrective feedback ... That didn’t happen here. Rather than saying do this or that or taking corrective steps, they simply confiscated the generators and didn’t even list on the confiscation order what the specific violations were."
Kurland added that the return of the equipment came with no stipulation about how and where it could be used. "Generators in parks are not automatically violations of any safety codes," Kurland said. "In fact, the regulations say you can have a diesel generator or a gasoline generator as long as it’s under a certain BTU or a certain amount of feet from a tent or structure."